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The 11th Circuit Court of Appeals denied Richard Scrushy's motion for bail pending appeal. His co-defendant former Alabama Governor Don Siegelman had been granted bail. Scrushy argued that Siegelman's release warranted review of his claim for bond pending appeal. The court, however, ruled that Scrushy had failed to prove the preliminary step to obtain bail in that he failed to demonstrate "by clear and convincing evidence that he is unlikely to flee if he is released pending resolution of this appeal."